Court Of Civil Jurisdiction
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Court Of Civil Jurisdiction
The Court of Civil Jurisdiction was a court established in the late 18th century, in the colony of New South Wales which subsequently became a state of Australia. The court had jurisdiction to deal with all civil disputes in the then fledgling colony. It was in operation between 1788, the date of establishment of the new colony, and 1814. Background The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. The colony's principal purpose was to house prisoners from Great Britain. Captain Arthur Phillip was appointed as the colony's first governor. The British authorities foresaw the need for a judicial system to be established in the colony to deal with civil matters. This was to be the present court, styled as the "Court of Civil Jurisdiction", and established by a charter, as well a Court of Vice-Admiralty pursuant to letters from the High Admiralty in Great Britain. In time, the colony would t ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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David Collins (lieutenant Governor)
Colonel David Collins (3 March 1756 – 24 March 1810) was a British Marine officer who was appointed as Judge-Advocate to the new colony being established in Botany Bay. He sailed with Governor Arthur Phillip on the First Fleet to establish a penal colony at what is now Sydney. He became secretary to the first couple of Governors, later being appointed to start a secondary colony where he founded the city of Hobart as the founding Lieutenant Governor of Van Diemen's Land (later becoming the state of Tasmania). Early life and military career David Collins was born 3 March 1756 in London, the third and oldest surviving child of Arthur Tooker Collins (1718–1793), an officer of marines (later major-general) and Henrietta Caroline (died 1807) of King's County, Ireland. His grandfather Arthur Collins (1684–1760) was author of '' Collins's Peerage of England''. The family lived in Saffron Hill, London, until 1765 when they moved to Devon after his father as a lieutenant colon ...
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Richard Johnson (chaplain)
Richard Johnson ( – 13 March 1827 in England) was the first Christian cleric in Australia. Early life Johnson was the son of John and Mary Johnson. He was born in Welton, Yorkshire and educated at Hull Grammar School under Joseph Milner. In 1780 he entered Magdalene College, Cambridge as a sizar and graduated in 1784. His first post was as curate of Boldre, where William Gilpin was vicar. After about a year in Boldre, Johnson moved to London to work as assistant to Henry Foster, an itinerant evangelical preacher. Life in New South Wales Johnson was appointed chaplain of the prison colony at New South Wales in 1786. This appointment was due, in large part, to the influence of the Eclectic Society and two notable men, John Newton and William Wilberforce, who were keen for a committed evangelical Christian to take the role of chaplain in the colony. Johnson and his wife Mary sailed with the First Fleet and arrived in Australia in 1788. In addition to guiding the spiritua ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Privy Council Of The United Kingdom
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the Royal Prerogative, and as a body corporate (as King-in-Council) it issues executive instruments known as Orders in Council which, among other powers, enact Acts of Parliament. The Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. The Council advises the sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certai ...
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Fieri Facias
A ''fieri facias'', usually abbreviated ''fi. fa.'' ( Latin for ''that you cause to be made''), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. The term is used in English law for such a writ issued in the High Court. Some jurisdictions in the United States also employ this writ, such as the Commonwealth of Virginia. England and Wales It is addressed to the sheriff or High Court enforcement officer, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. ''fi. fa.'' can be sought in England and Wales on judgment debts in excess of £600. Whilst ''fi. fa.'' can be used to enforce judgments obtained in the county court and High Court. In April 2014 the writ was renamed a writ of control as part of the Tribunals, Courts and Enforcement Act 2007. This writ was once so common that ''fieri facias'' became a slang term for ...
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Provost Marshal
Provost marshal is a title given to a person in charge of a group of Military Police (MP). The title originated with an older term for MPs, '' provosts'', from the Old French ''prévost'' (Modern French ''prévôt''). While a provost marshal is now usually a senior commissioned officer, they may be a person of any rank who commands any number of MPs; historically, the title was sometimes applied to civilian officials, especially under conditions of martial law, or when a military force had day-to-day responsibility for some or all aspects of civilian law enforcement (such as some British colonies). A provost marshal may also oversee security services, imprisonment, fire/emergency services and ambulances. British Armed Forces In the British Armed Forces, the provost marshal is the head of the military police of each service, with the senior military police officers at lower levels being titled deputy or assistant provost marshals. In many cases the provost marshal is in charge ...
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Judge Advocate Of New South Wales
The Judge Advocate of New South Wales, also referred to as the Deputy Judge Advocate was a ranking judicial officer in the Colony of New South Wales until the abolition of the role in 1823. Before the First Fleet sailed from England to colonise New South Wales, Marine Captain David Collins was appointed Deputy Judge Advocate of the colony, and Judge Advocate of the marines. The Judge Advocate held office in several courts. #He was one of a bench of two justices of the peace in the Magistrates' Court. #He was president of the Court of Criminal Jurisdiction. #He was one of a bench of three judges in the Court of Civil Jurisdiction until its abolition in 1814. #In the Court of Appeal of New South Wales, he was advisor to the colony's Governor, who was the sole appeal judge. From 1814, #He was assessor of the High Court of Appeal of New South Wales. #He was one of a bench of three magistrates in the Governors Court. David Collins held office from 1788 until 1796. He was ...
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Lieutenant Governor's Court
The Lieutenant Governor's Court was a court established in the early 19th century in the colony of Van Diemen's Land which subsequently became Tasmania, a state of Australia. The court had jurisdiction to deal with civil disputes where the amount in dispute was not more than £50 sterling in the colony. The establishment of the court was the first practical civil court in the settlement. This was an important first step in improving the resolution of civil disputes in the settlement. The Supreme Court of Van Diemen's Land eventually replaced it in 1823 when the court's charter was revoked by the Third Charter of Justice. Background The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. Captain Arthur Phillip was appointed as the colony's first governor and did much to ensure the colony of New South Wales survived and transformed into a modern colonial outpost. Phillip's commission exte ...
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Governors Court
The Governors Court was a court established in the early 19th century in the colony of New South Wales. The colony was subsequently to become a state of Australia in 1901. The court had jurisdiction to deal with civil disputes where the amount in dispute in the colony was not more than £50 sterling. The Supreme Court of New South Wales replaced the court in 1823 when the Supreme Court was created by the Third Charter of Justice. Background The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. Captain Arthur Phillip was appointed as the colony’s first governor and did much to ensure the colony survived and transformed into a modern colonial outpost Notwithstanding its beginnings as a penal colony, it soon prospered as a booming agricultural and mercantile colony. With the increased prosperity came the need for better access to forms of civil justice. Systems for the resolution of co ...
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Ellis Bent
Ellis Bent (1783 – 10 November 1815) was the Deputy Judge Advocate between 1810 and 1815 of the Australian colony of New South Wales, which was eventually to become an Australian state. The Deputy Judge Advocate of New South Wales was the senior legal officer of the colony and functioned in many ways as a Chief Justice. Bent was the first barrister to be appointed to a judicial office in the infant colony in an era when military officers were commonly appointed to the position. Bent Street in Sydney, Bent's Basin and Ellis Bent Road, Greendale near the Warragamba Dam are named after him. Early years and education Bent was born in 1783 although his birthdate is sometimes recorded as 1779.Serle He was the second son of the merchant, ship owner and MP Robert Bent, and the younger brother of Jeffery Bent. He grew up in Surrey, England on the family estate Moulsey. He was educated at Peterhouse, Cambridge and was awarded a Bachelor of Arts in 1804 and a Master of Arts in 1807 ...
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Rum Rebellion
The Rum Rebellion of 1808 was a ''coup d'état'' in the then-British penal colony of New South Wales, staged by the New South Wales Corps in order to depose Governor William Bligh. Australia's first and only military coup, the name derives from the illicit trade of the alcoholic drink rum in early Sydney, over which the 'Rum Corps', as the New South Wales Corps became known, had maintained a monopoly. During the first half of the 19th century, it was widely referred to in Australia as the Great Rebellion. Bligh, a former Royal Navy captain known for his overthrow in the mutiny on the ''Bounty'', had been appointed governor in 1805 to rein in the power of the Corps. Over the next two years, Bligh made enemies not only of Sydney's military elite, but several prominent civilians, notably John Macarthur, who joined Major George Johnston in organising an armed takeover. On 26 January 1808, 400 soldiers marched on Government House and arrested Bligh. He was kept in confinement in S ...
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